January 19, 2022

Volume XII, Number 19

Advertisement
Advertisement

January 18, 2022

Subscribe to Latest Legal News and Analysis

Competition Currents October 2020: Asia

China

On Sept. 11, 2020, China’s State Administration for Market Regulation (SAMR) published the Anti-Monopoly Compliance Guidelines for Business Operators (the Guidelines). The Guidelines are intended to provide a set of best practices that businesses may adopt in establishing antitrust compliance management systems, lower risk of non-compliance, and increase awareness of relevant laws. The Guidelines are intended to provide “general guidance,” and are not mandatory.

The Guidelines provide key areas of consideration which include:

  • Tone from the Top: Senior officers of a business are encouraged to make and fulfill clear and open antitrust compliance commitments.

  • Antitrust Law Compliance Function: Businesses having the ability to do so are encouraged to establish antitrust compliance management departments or incorporate antitrust compliance management into their existing compliance management systems. Such departments should have sufficient independence and authority to effectively implement antitrust compliance efforts. In addition, it is recommended that such departments proactively organize and conduct internal antitrust compliance audits to identify risk (and implement mitigation measures when issues are discovered), formulate internal compliance policies, compile compliance reports, and coordinate both internally and externally to respond to antitrust investigations when they arise.

  • Risk Identification and Assessment: Businesses are encouraged to proactively identify antitrust compliance risks based on the characteristics of the business itself and market/industry characteristics, possibility of occurrence and severity of consequences.

  • Training: Businesses are encouraged to invest resources in compliance training for employees.

The Guidelines are notably silent, however, on whether a business’ compliance efforts will be credited in the calculation of fines at the conclusion of a governmental investigation. Further clarification on this point would further incentivize businesses to implement robust antitrust compliance management systems.

Japan

A. The JFTC performs on-site inspection to a distributor of Wilson Sporting Goods.

According to the news release on Sept. 10, AMER SPORTS JAPAN, INC. (AMER), the designated distributor in Japan of Wilson Sporting Goods, is under investigation by the JFTC – including on-site inspection – for violation of Antimonopoly Act. AMER is reported to have pressured other distributors outside of Japan into not trading with parallel importers in Japan, and pressured wholesalers into not selling goods to distributors that deal with parallel importers. The JFTC is investigating AMER’s reported actions impeding parallel import as preventing fair competition.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 285
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Shareholder

Andrew G. Berg Chairs the Global Antitrust Litigation & Competition Regulation Practice and advises clients on litigation, mergers and acquisitions, and other antitrust and competition-related matters before the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), state attorneys general, and in private litigation. Andrew's practice includes a full range of antitrust transactional and mergers and acquisitions experience, including Hart-Scott-Rodino filings at the FTC and DOJ, and related merger analysis issues. He also counsels...

202-.331-3181
Gregory Casas, Greenberg Traurig Law Firm, Austin, Houston, Energy and Business Litigation Law
Shareholder

Gregory J. Casas is the Administrative Shareholder for the Austin office and focuses his practice on antitrust, complex business litigation, and energy and natural resources law. Greg's antitrust and complex business litigation practices are international in scope. His antitrust practice includes litigating price-fixing, bid-rigging, and market allocation claims, and providing counseling for DOJ/FTC investigations, joint venture formation, mergers and acquisitions, pricing plans, and other contractual relationships. Greg's complex business litigation experience includes...

512-320-7238
Calvin Ding Corporate and Compliance Lawyer Greenberg Traurig China
Shareholder

As a U.S. attorney who has worked in China for over decade, Calvin Ding has deep experience in international anti-corruption advisory and investigations, cross-border litigation and e-discovery, as well as compliance with Chinese anti-trust, anti-bribery, and privacy laws.

In the anti-corruption space, Calvin frequently advises companies on comprehensive compliance programs, risk assessments, pre-transaction compliance diligence, government policies, and internal investigations. Having spent several years working on the day-to-day implementation of an FCPA compliance program in...

86 (0) 21.6391.6633
Miguel Flores Bernés Antitrust & Competition Attorney Greenberg Traurig Mexico City, Mexico
Shareholder

Miguel Flores Bernés focuses his practice on antitrust and competition issues affecting clients in various industries, including government merger review, investigations of alleged anticompetitive conduct, litigation and counseling. He regularly represents clients before the two Mexican competition authorities: Comisión Federal de Competencia Económica and Instituto Federal de las Telecomunicaciones, and designed and implemented antitrust/competition compliance programs for clients in Mexico.

Prior to joining the firm, Miguel was a partner dedicated to antitrust and competition...

52 55-5029-0096
Víctor Manuel Frías Garcés Commercial Law Attorney Greenberg Traurig Mexico City, Mexico
Shareholder

The practice of Victor Manuel Frías is focused on commercial law, including competition, mergers and acquisitions and arbitration.

On the competition side, Mr. Frías has represented clients in numerous cartel investigations before the Competition Commission in different industries for over 20 years. He frequently represents clients in pre-merger filings. Mr. Frías has been ranked by different publications as one of Mexico’s premier competition attorneys. He often appears before Mexico’s Federal Specialized Courts in Competition and Telecommunications matters.

On the M&A...

52 55-5029-0020
Advertisement
Advertisement
Advertisement